Factsheet for measure
PL-2021-19/1952
–
Updated
– measures in Poland
Ombudsman for SMEs asks to enable companies to appeal decisions on aid
Rzecznik MŚP wystąpił o wprowadzenie możliwości złożenia przez firmy odwołania ws. pomocy covidowej
Background information
Since the first outbreak of the COVID-19 in the spring of 2020, enterprises (self-employed included) could claim public support. The anti-crisis aid have been administered in such a way that eligible - in light of the Anti-crisis Shield - enterprises could apply for public support to regional labour offices and district administration. However, the decision is to be taken single-handedly by the office where the application is submitted. No appeal procedure in case of negative decision is envisaged.
In an attempt to solve the issue, the SME Ombudsman filed a petition to the Ministry of Development, Economy and Labour to introduce the possibility for entrepreneurs to appeal against the refusal to grant public aid by directors of regional labour offices and head of district administration.
Content of measure
The Ombudsman for SMEs suggests in the petition that refusal to grant the aid applied for should take place by decision from which the applicant will be entitled to lodge an appeal or a request for reconsideration of the case pursuant to the principles set out in the Act of 14 June 1960 Code of Administrative Procedure (i.e. Journal of Laws of 2020, item 256, as amended).
In other words, the whole procedure should be put within the administration law framework. At the moment only civil law provisions apply, apart from the the regulations set out in the anti-crisis legislation (Anti-Crisis Shields).
Updates
The following updates to this measure have been made after it came into effect.
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07 May 2021
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In May the Ministry of Development, Economy and Labour replied to the Ombudsman, insisting the official approach was correct.
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Use of measure
The position has been submitted, no official reaction is known yet.
Target groups
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Workers
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Businesses
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Citizens
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Does not apply to workers
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SMEs
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Does not apply to citizens
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Actors and funding
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Actors
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Funding
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Company / Companies
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National funds
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Social partners
Social partners' role in
designing the measure
and form of involvement:
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Trade unions
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Employers' organisations
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Role
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Unknown
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Unknown
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Form
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Not applicable
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Not applicable
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Social partners' role in the
implementation, monitoring and assessment phase:
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Unknown
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Main level of involvement: N/A
Involvement
Social partners have not been involved formally.
Views and reactions
No official statements.
Sources
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03 May 2021: Ombudsman for SMEs requests a possibility for the companies refused the anti-crisis aid to appeal against the decision
(www.bankier.pl)
